Most of Campbell’s fourteen hundred oaths of allegiance were not genuine. Faced with the choice of having their property confiscated or signing, people signed—and quickly found a Patriot leader to whom they denounced the pledge.16 Many signers showed their faith by joining Rebel militias and hunting down Tories.17 Campbell would later complain about “irregulars from the upper country [of Georgia] under the denomination of crackers, a race of men whose motions were too voluntary to be under restraint and whose scouting disposition [was] in quest of pillage.” The crackers, he reported, “found many excuses for going home to their plantations.”18
• • •
The victory at Kettle Rebel Creek gave heart to the Rebels and, to the British, proof that a Loyalist call to arms would not produce an army big enough to suppress the rebellion. But the Patriot victory did not stop the southern strategy. A quixotic attempt in October 1779 to retake Savannah with a joint American-French operation ended with the French losing 635 men and the Patriots 457 while the British and Loyalist defenders saved the city at a cost of fifty-five lives. “Such a sight I never saw before,” a British officer wrote. “The Ditch was filled with Dead … and for some hundred Yards without the Lines the Plain was strewed with mangled Bodies.”19
Next came General Clinton’s siege of Charleston, which ended on May 12, 1780, when Maj. Gen. Benjamin Lincoln bowed to civilian pleas by surrendering his army of nearly six thousand Continentals and militiamen.20 Among the victorious Clinton troops were 175 Loyalists in a special temporary corps called the American Volunteers under the command of Capt. Patrick Ferguson of the 70th Regiment of Foot. Thirty-four of the Volunteers came from the Prince of Wales’s American Regiment. Only ten would still be alive or serving within fifteen months of their sailing to the South. Most of the replacements would be deserters from the Continental Army.21
As Clinton was taking over Charleston, he asked James Simpson, the former South Carolina attorney general, how widespread and deep was the colony’s apparent euphoria over the surrender. Simpson made his own public opinion poll and reported that the population was divided into four classes: those, especially the wealthy, who were pleased to see South Carolina again under royal rule; those who had been duped by the Rebels, regretted their failings, and now supported the king; those who were repentant ex-Rebels; and those who were still Rebels and unrepentant. Simpson summed up by saying that “in drawing a comparison between the four Classes, the number and consequence of the two first by far exceed the last.” Loyalists in general, he said, were “clamourous for retributive Justice.”22
Clinton set up a model for the governing of “conquered” territory: a military government that put trusted civilians in local offices, regulated prices on goods purchased by the army, and created militias for local defense. When Governor Wright returned he found he had little power. Clinton had, for example, appointed Simpson Charleston’s superintendent of police.23
The militias included a home guard of older men and a regular militia of younger, unmarried men who would serve away from their homes in Georgia and North Carolina. They would be given the same pay and provisions as the king’s troops.24 All able-bodied free males, generally between the ages of fifteen and sixty, had to serve in a militia “any Six Months of the ensuing twelve” or provide a substitute. Militiamen were given ammunition, material for the sewing of a loose-fitting garment called a rifle shirt, and a musket if needed. Men could serve on horseback at their own expense. They were to be restrained “from offering violence to innocent and inoffensive People” and insulting or outraging “the Aged, the Infirm, the Women and Children of every denomination.”25
The rules for establishing the Loyalist militias were developed by the deputy adjutant general of the British Army, the brilliant, newly promoted Maj. John André, and another new major, Patrick Ferguson, inventor of the Ferguson breech-loading rifle, which could fire four shots a minute.26 Ferguson, born in Scotland in 1744 and a soldier since the age of fifteen, fought in the Battle of Brandywine in September 1777. While he led a rifle company whose men were firing the weapon he invented, a Continental’s musket ball shattered his right elbow. He would never be able to bend that arm again. He returned to duty in May 1778 and learned to shoot, fence, and wield the saber with his left arm. He raised the American Volunteers, trained in the kind of ranger warfare developed by John G. Simcoe and Banastre Tarleton.27
Ferguson was appointed inspector of militia, supervising the recruitment and training of the hundreds of Tories who were signing up to serve the king. He raised a regiment of 240 men at one outpost, teaching them to follow signals from his silver whistle so they could get orders even when he was not seen. “There is great difficulty inbringing the militia under any kind of regularity,” he wrote. “I am exerting myself to effect it without disgusting them.”28
Tarleton, the brash young captor of General Charles Lee in 1776, earned fame as an aggressive leader of hard-driving cavalrymen on raids in New York, New Jersey, and Pennsylvania. As the commander of the Loyalist British Legion in the Carolinas, he fought fiercely and earned a reputation for showing no mercy in battle.
Under the terms of Charleston’s surrender each surrendering Rebel was made a prisoner of war. But only officers and men of the Continental Army would be confined; all civilian males and militiamen in Charleston were allowed to return to their homes after vowing not to take up arms again. Surrendering militiamen in backcountry garrisons, such as Ninety Six, were treated the same. As Clinton said in a report to Lord Germain, “there are few men in South Carolina who are not our prisoners or in arms with us.”29
But there were many Rebels who were armed, at large, and unbowed. In an attempt to subdue those obstinate Rebels, Clinton proclaimed in June that the men he had paroled now had to swear an oath of allegiance to the king and promise to bear arms against his enemies.30 The proclamation inflamed many Rebels, driving them into backcountry militias that harassed British and Tory outposts in hit-and-run raids. Clinton, who had hoped to quell the South’s civil war, had only made it worse by essentially ordering people to take sides. He then left for New York, putting General Sir Charles Cornwallis in charge of the newly flaring war.
Patriots and Loyalists had a word for that kind of war: “intestine.” Or, as North Carolina governor Abner Nash more vividly described it, “a Country exposed to the misfortune of having a War within its Bowels.”31 In the South intestine war continually raged within the conventional war of strategy and maneuver being fought by the British Army and the Continentals. Loyalist military units raised in New York fought in that conventional war, participating in every majorbattle from Moore’s Creek in North Carolina in 1776 to Yorktown in 1781.32
Intestine warfare was more than battles. There was cruelty, there were murders in the night, and there were hangings without trial.
Isaac Hayne, a wealthy planter who was an officer in the South Carolina Patriot militia, was not in Charleston when the besieged city surrendered in 1780. But he went into the city, gave himself up, and agreed to become a British subject. The deputy British commandant in Charleston assured him that he would not be ordered to fight for the king. But as the Continental Army was approaching Charleston in 1781, Hayne was ordered to take up arms. He refused and made his way to the Patriot camp, where he was commissioned a cavalry colonel.
On one of his sorties he captured Andrew Williamson, a former brigadier general of the militia and a onetime Patriot leader who became a turncoat. When the British rescued Williamson, they also captured Hayne. He was brought before Col. Nesbit Balfour, Charleston’s commandant. Balfour condemned Hayne as a traitor because he had signed an oath of allegiance and then fought against the king. Brought before a tribunal but not given a trial, he was hanged in Charleston on July 31, 1781, an event that attracted a crowd of thousands.33
Hayne had been hanged under Cornwallis’s edict, bluntly described by a British officer: “We have now got a method that will put an end to the rebellion in a short time—by
hanging every man that has taken protection [agreed to parole] and is found acting against us.”34 The edict also condemned Rebels who had been captured at a trading post near Augusta after a four-day battle against Thomas Brown and his band of Tories and pro-British Indians. Some retreating Rebels were captured and killed by Indians. Thirteen others were seized by Brown’s Tories and hanged from the banister of a staircase in the trading post. Rebels claimed that Brown, lying wounded, watched gleefully—a claim that was never verified.35
• • •
Throughout the South, the war between Tory and Rebel had been pitiless from the beginning. Letters, diaries, and petitions for pensions are studded with casual references to hangings. A militiaman from Rowan County, North Carolina, in his petition for a pension, for example, says “the company took several Scots Tories and there hung one of them.” He also tells of a Tory who was shot after a hasty courtmartial. The life of another was spared. But he was “condemned to be spicketed, that is, he was placed with one foot upon a sharp pin drove in a block, and was turned round … until the pin run through his foot. Then he was turned loose.”36
In a rare event, a Loyalist was put on trial and accused of running his sword through wounded Rebels on a South Carolina battlefield. When a judge who had recommended mercy left the courtroom, “fathers, Sons, & brothers and friends of the slain prisoners” seized the accused, took him on horseback “under the limb of a tree, to which they tyed one end of a rope, with the other round his neck, & bid him prepare to die; he urging in vain the injustice of killing a man without tryal, & they reminding him, that he should have thought of that, when he was slaughtering their kinsmen. The Horse drawn From under him, left him suspended til he expired.”37
Tories executed countless Rebels, whether or not they strictly came under Cornwallis’s order that “every Militia Man who has borne Arms with us and afterwards joined the Enemy shall be immediately hanged.”38 Maj. Gen. Nathanael Greene, commander of the Continental Army’s Southern Department, found in the South a war in which “the Whigs and Tories pursue one another with the most relent[less] Fury killing and destroying each other wherever they meet. Indeed a great deal of this Country is already laid waste & in the utmost danger of becoming a Desert,” in which the fighting “so corrupted the Principles of the People that they think of nothing but plundering one another” and committing “private murders.”39
The intestine war was stoked by the kind of combat that Banastre Tarleton waged—a slashing, burning, ruthless crusade that knew no mercy. Tarleton’s American Legion grew out of the green-uniformed Queen’s American Rangers, founded by John Graves Simcoe, a young
English officer. Simcoe, wanting a mounted strike force, melded the Pennsylvania Light Dragoons, the Bucks County Light Dragoons, and a band of Scotch-Irish Tories, the Caledonia Volunteers, into the British Legion, which soon became known as the Tarleton Legion.
Loyalists of North and South Carolina eagerly joined the legion, swelling its ranks at times to a force of nearly two thousand men. Among the recruits were two sons of Allan and Flora MacDonald.40 The legion galloped off on numerous raids, destroying Rebel supply caches, foraging for food and horses, and earning fame and loathing.
When Major General Lincoln surrendered Charleston, the largest Continental force in the South was a detachment of about 350 Virginians commanded by Col. Abraham Buford. He was ordered to go to an American outpost at Camden, South Carolina, carry off what he could, destroy the rest, and then take his men to North Carolina.
Tarleton and 270 men pursued Buford. On May 29, 1780, they caught up with him at the Waxhaws, as the settlement near Wax-haw Creek was called, about twelve miles north of Lancaster, South Carolina.41 Tarleton, claiming to outnumber Buford, asked him to surrender under terms similar to what Lincoln had accepted. Buford refused, and the battle began, possibly before Tarleton’s flag of truce had been withdrawn. Tarleton’s horse was shot from under him as he and his dragoons rode down on Buford’s men. Undaunted, Tarleton jumped on another horse.
Exactly what happened in the battle and afterward will never be known. Buford and eighty or ninety men—most of them mounted—escaped, meaning that the killed and wounded may have totaled more than three hundred. This would be an unprecedented battle casualty rate of 70 to 75 percent. The outcry against Tarleton—” Bloody Tarleton,” “Butcher Tarleton,” “Bloody Ban”—was inspired by what Rebels believed happened after the battle.
Dr. Robert Brownfield, a surgeon attached to Buford’s regiment, later wrote that a request for quarter was refused and survivors said that “not a man was spared.” Tarleton’s men “went over the ground plunging their bayonets into every one that exhibited any signs of life.” One man had his right hand hacked off, suffered twenty-twomore wounds, and was left for dead; he lived to report the bayoneting. News of the massacre swept through the South, and Rebels’ retaliatory savagery was accompanied by the cry “Tarleton’s Quarter” or “Buford’s Quarter.”42
After two disastrous defeats of the Continental Army in South Carolina—Maj. Gen. Benjamin Lincoln’s mass surrender at Charleston in May 1780 and the rout of Maj. Gen. Horatio Gates’s large force at Camden in August—Cornwallis planned a march to Virginia. Georgia was under royal rule, and vast tracts of the Carolinas were controlled by a British-Loyalist regime. By September there was no large concentration of Continental Army troops anywhere in the South. John Rutledge, the Rebel governor of South Carolina, was trying to govern his state from Hillsborough, North Carolina. And some timid Rebels were suggesting that the time had come to simply let all three of those states go back to colony status under their conquerors.43 From the British viewpoint the king’s forces and friends were snug in the South, their flanks covered by the sea to the east and the mountain barrier to the west.
Beyond the mountains was the domain of the Overmountain men, colonists who had defied King George’s 1763 proclamation that prohibited settlement east of the mountains. The Overmountain men, most of them Scotch-Irish, had not paid much attention to the Revolution until the British and their Tory allies began fighting southern Rebels. Now, as General Cornwallis was advancing northward, Overmountain Rebels were attacking British and Loyalist outposts.
Ferguson and his Volunteers were protecting the western flank of Cornwallis, who was mounting an invasion of North Carolina. Deciding to challenge the Overmountain men, Ferguson sent a Rebel prisoner into the mountains with a warning: If the Rebels “did not desist from their opposition to the British arms, he would march his army over the mountains, hang their leaders, and lay their country waste with fire and sword.”44
In outraged response, at a frontier outpost on the Watauga Rivercalled Sycamore Shoals,* the mountain Rebels quickly assembled a makeshift mounted army that grew on the trail until it numbered about one thousand men from Georgia, the Carolinas, and Virginia, with officers elected on the spot. There was no military structure or wagon train of supplies, though the group was at its core an authorized Virginia militia.45 The men carried what they needed and prodded cattle along the way for food on the hoof. Most of them did not have muskets, but long-barreled, small-caliber American rifles, for they were more hunters than soldiers. Setting off not to fight for a nation but to defend their cabins by the streams and their patches of cotton and corn, they headed across the mountains in search of Ferguson.46
Ferguson, playing on the fears of local Tories, distributed a proclamation to warn them of the imminent coming of the mountain men: “… . I say, if you wish to be pinioned, robbed, and murdered, and see your wives and daughters, in four days, abused by the dregs of mankind—in short, if you wish or deserve to live, and bear the name of men, grasp your arms in a moment and run to camp… . If you chuse to be degraded forever and ever* by a set of mongrels, say so at once and let your women turn their backs upon you, and look out for real men to protect them.”47
On October 1 Ferguson, told by spies that his pursuers were on his trail, sent off a courier with an urgent message to Co
rnwallis: “… . I am on my march towards you by a road from Cherokee Ford north of King’s Mountain. 3 or 400 good sodiers part dragoons would finish this business. Something must be done soon.”48 Near the border between the Carolinas, he spread his encampment of about eleven hundred men along a rocky ridge called King’s Mountain, which rose about 150 feet from the land around it. Local hunters kept the ridge cleared of trees, using it to hunt deer, which liked a forest edge. Hunting was easy; the men could drop a deer at two hundred yards.49
Ferguson, settling in atop King’s Mountain, wrote a letter to Maj. Robert Timpany of the New Jersey Volunteers, a former schoolteacherfrom Hackensack: “Between you & I, there has been an inundation of Barbarians, rather larger than expected.” If Ferguson was worried, he did not show it. He had two women with him. One left before the shooting began.50
On October 7, a fast-riding detachment of about nine hundred Overmountain men, joined by other Rebels east of the mountains, found Ferguson. They dismounted, silently surrounded the ridge, and started climbing. Recent rain kept down the dust and soaked the forest’s carpet of leaves, muffling their tread. Their password was “Buford.” Knowing that, like them, the Loyalists would not be wearing uniforms, the Rebel soldiers put bits of white paper in their hats; Ferguson’s men used sprigs of pine.
In a battle that lasted more than an hour, rifles cut down 320 Tories, killing most of them. Ferguson, chirping on his silver whistle and rallying his men, rode on his white horse from one strongpoint to another. He wore a checkered hunting shirt over his uniform, and one moment, silhouetted against the sky, he became a target for numerous marksmen. At least seven bullets passed through his body.51 Capt. Abraham DePeyster, a New Yorker in the King’s American Regiment, took over and quickly raised a white flag, which was ignored by men who had heard about Tarleton’s failure to give quarter.52 Finally officers stopped the firing and accepted the surrender.
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